Following are the terms
under which any entity (User) may use the services of ODRGLOBAL.IN (ODR
Global) owned by Ujvala Consultants Pvt Ltd, a body corporate having its
registered office at No 37, 20th Main, BSK First Stage
Bengaluru, 560050.
Any user using these
services is contractually bound by these terms under laws applicable in
India irrespective of the residential status of the user or the
jurisdiction under which the ADR process itself is subjected to.
1.
ODR Global is an IT Service Platform
ODR Global is an
Information Technology (IT) service platform that enables conduct of
Alternate Dispute Resolution (ADR) proceedings such as
Arbitration/Mediation/Conciliation meetings in a virtual environment.
(herein after referred to as ODR or Online Dispute Resolution).
ODR Global is not an
Institution of Arbitration or Mediation or Conciliation.
The platform can be used
by Institutions or Individuals for conducting ADR proceedings according
to the ADR rules set by them for the conduct of such proceedings and the
laws applicable.
The rules contained
herein are rules applicable only for the use of the technology platform.
2.
What are the Services of ODR Global?
I. Virtual
ODR Service
a)
Provision
of the Virtual ODR meeting room the use of which is licensed on hourly
basis.
b)
Associated
services include secretarial assistance such as serving of notices,
documenting of proceedings etc.
c)
ODR Global
will also provide Certified copies of the proceedings of the Virtual
meetings and e-mails sent or received in the conduct of the ODR
proceedings, unless otherwise dispensed with by the user.
II Standard ODR Service
a)
Support
Services for conducting ODR by an entity with the use of e-mails without
a virtual meeting.
b)
Providing
certified copies for e-mails sent and received in the conduct of the ODR
proceedings unless otherwise dispensed with the user.
III: Back office services
Support Services for
conducting ADR by an entity without use of either e-mails or Virtual ODR
room
IV: Technology Partnership
Ongoing technology
tie-up where the facilities of the Virtual ODR room is provided on a
dedicated basis for training and educational purposes.
3.
Who Can Use the Service
The services of ODR
Global can be invoked
a)
By an ADR
Service Provider (ADRSP) such as an Arbitrator or a Mediator or a
Conciliator or an Institution of
Arbitration/Mediation/Conciliation after they have been appointed as an
arbitrator/mediator/conciliator by the contracting parties
b)
By one of
the contracting parties either after appointment of an ADR provider or
before.
Any individual or
Institution using the services of ODR Global hereby declares to be
competent to enter into this agreement as per laws of India and the
country of residence of the user
4.
Commencement of Services
a) Every user shall enter
into a supplementary project specific agreement applicable to the service as
a Service Level Agreement (SLA).
b) The draft SLA will be
sent on receipt of the preliminary information on the scope of the
service as requested by the user.
c) The agreement in
electronic form would be digitally signed by the user or electronically
authenticated with the use of e-sign or one time password.
d)
If the
service is invoked by the Arbitrator/Mediator/Conciliator after their
appointment, it is deemed that the parties to the dispute have agreed to
the use of ODRGLOBAL.IN
e)
If the
service is invoked by one of the contacting parties, ODR Global would
require the consent of the other contracting parties and the
Arbitrator/Mediator/Conciliator to use the services of ODRGLOBAL.IN.
f)
Onboarding
the other contracting parties and the Arbitrator would be one of the
back office services that ODRGLOBAL.IN will provide in such cases before
the proceedings can commence. The requirement and the service charges
associated therewith would be covered in the SLA with the party invoking
the service
5.
Authentication of Participants
Any party using the
services of ODRGLOBAL.IN shall authenticate itself with the use of
Electronic Signature Certificates issued as per the provisions of
Information Technology Act 2000 (ITA2000).
Additionally, the
parties may be required to submit other identity documents that the
Registrar may so prescribe on receipt of the notice of invoking the
services of ODRGLOBAL.IN
Before commencement of
the virtual proceedings, the identity of the parties shall be accepted
as per the procedure set out by the Registrar and his decision shall be
final and considered binding on all parties.
Before commencement of
any virtual meeting, Parties have a right to raise any objection about
the identity of the counter party and continuation of the proceedings
without such objections being raised is deemed to be an acceptance of
the identity of the parties involved in the proceedings by all others.
ODRGLOBAL.IN shall not
be liable for any impersonation of any of the parties to the dispute
during the proceedings.
Being a Virtual
Proceeding, ODRGLOBAL.IN is not responsible for the presence of any
persons in the physical location with an authorized participant.
Unless the ADRSP accepts
such a person as a Witness or Counsel of one of the parties, no
cognizance shall be taken of any statement made by such unauthorized
participant.
The ADRSP and the
Registrar shall have the right to request such person to excuse himself
from the proceedings and if warranted, abort the session at the cost and
responsibility of the participant who allowed such unauthorized person
to be present during the proceedings.
6.
Use of Associate Services
a)
Proceedings of the virtual meeting are documented by the “Registrar” who
acts as a representative of ODR Global and its associate Cyber Evidence
Archival Center (CEAC).
The Registrar will be
virtually present in the ADR Room and certify the video recording under
Section 65B of Indian Evidence Act 1872.
The Registrar will also
certify the e-mails sent or received by ODR Global as part of its
service.
The Certification
services may be dispensed with at the option of the user and the consent
of all the parties.
b)
ODR Global
may use software and services of any service providers for the purpose
of conducting the meetings, sending and receiving e-mail delivery
receipts and recording of virtual proceedings or any other technical
requirement entirely at its choice and discretion.
Reasonable care has
been exercised in choosing such service providers. However, it is
understood by all parties concerned that the services rendered by ODR
Global and its associates are primarily technical in nature and are
subject to reasonable interruptions, errors and Risks that are inherent
in any internet and software based services
c)
ODRGLOBAL.IN uses the services of Cyber Evidence Archival Center (www.ceac.in)
for providing certificates under Section 65B of Indian Evidence Act.
Cyber Evidence Archival
Center follows a process that has been followed since its inception in
2002 under which several such certificates have been produced and
accepted by Courts.
However, it is
understood that it is the prerogative of any Judicial body to require
further confirmation on the certificates produced and reject them on any
grounds that they may deem fit.
Neither ODRGLOBAL.IN nor
Cyber Evidence Archival Center would be liable for any such rejection.
As a measure of
goodwill, in the event of any specific rejection of such certification
by any Court on the grounds attributable to the negligence of
ODRGLOBAL.IN or Cyber Evidence Archival Center, 15% of the fees paid for
the use of the Virtual ODR platform would be refunded by ODR Global.
In the event a
representative of the ODR Global or Cyber Evidence Archival Center is
summoned to participate in the proceedings of the Court, the party
invoking the services shall pay an appearance fee and travel costs as
may be required.
7.
Arbitration Clause
Parties intending to use
the services of ODRGLOBAL.IN shall incorporate a clause to the effect
mentioned here in in their contract.
“Any or All of the
dispute or difference arising out of or in connection with this contract
shall be resolved by arbitration using the services of online
arbitration services provided under www.odrglobal.in.The arbitration
shall be subject to the provisions of the Indian Arbitration and
Reconciliation Act 1996 and consist of one/three* arbitrators.." (* use
as appropriate)”
Users invoking and using
the services of ODRGLOBAL.IN are deemed to have agreed to the presence
of an agreement to this effect in their contract whether or not the
formalities of writing down the clause and approving them with an
authentication is completed by other means.
8.
Seat of ADR
Proceedings of
ODRGLOBAL.IN take place in the virtual environment and the physical
definition of the seat of arbitration is not relevant.
However, for the purpose
of determining the jurisdiction of further appeals if any, the parties
to the proceedings may agree on a “Deemed Place where the Proceedings
take place”.
In the absence of an
agreement to the contrary, the “Deemed Seat of Arbitration” shall be the
“Usual Place of Residence” of the party who invokes the services of
ODRGLOBAL.IN
9.
Service of Notice
All notices connected
with the proceedings will be served through the “Registrar” designated
by ODRGLOBAL.IN
10.
Documents
In the absence of
instructions to the contrary by the ADR Service Provider (ADRSP) all
documents are exchanged between the parties through the “Registrar”
designated by the ODRGLOBAL.IN in electronic form or otherwise with
appropriate authentication.
11.
Counsels and Witnesses
The parties to the ODR
may with the consent of the ADR conducting entity and as per the rules
adopted by the ADR entity designate the counsel/s to represent and
assist them in the proceedings, and designate witnesses to depose in the
hearings.
12.
Disruptions of Virtual Meetings
All participants in a
Virtual meeting shall abide by the rules set by the ADRSP and maintain
the decorum of the meeting.
In the event of any violation of the rules of proceedings the person
causing such violation may be evicted from the proceedings at his cost
and responsibility.
Where the person causing
violation is a part of the team of one of the authorized participant,
such authorized participant shall be responsible for the misconduct and
shall bear the responsibility.
The decision of the
ADRSP or the Registrar shall be final in respect of all matters
pertaining to the conduct of virtual meetings including the right to
abort the meeting and fixing the responsibility for the cost of such
disruptions.
13.
Technical Disruptions
Virtual meetings may be
disrupted on account of technical issues such as non-availability of
internet connectivity or failure of any software.
Temporary disconnections
and reconnections are considered natural in the technical environment of
the virtual meetings and the ADRSP and the Registrar shall ensure that
parties temporarily disconnected shall be properly informed of the
developments during their disconnection after they reconnect.
In the event such
interruptions are long and arise due to reasons considered genuine by
the Registrar, the proceedings shall in consultation with the ADRSP be
adjourned to a later time.
In the event the ADRSP
considers that the disconnection was deliberate, subject to the
concurrence of the Registrar, the ADRSP may consider that the party has
walked out of the meeting and continue the proceedings as per the rules
set by ADRSP for such contingencies.
14.
Cost
The cost of the service
of ODRGLOBAL.IN is paid by the person who invokes the proceedings
irrespective of who bears the cost as per the terms of the contract or
as per the award of the ADRSP.
The professional fee
payable to the ADRSP for their services is outside the scope of services
rendered by ODRGLOBAL.IN and has to be settled as per the terms of the
ADRSP negotiated at the time of appointment.
In the case of ADRSP who
has a technical partnership arrangement with ODRGLOBAL.IN, a
consolidated fee which includes the professional fee of the ADRSP and
the service charges of ODRGLOBAL.IN may be collected either by
ODRGLOBAL.IN or the ADRSP and shared as per their inter-se arrangement.
The total cost of
platform use may depend on the time for which virtual meetings may be
conducted in one or multiple sittings including the final sitting for
delivery of the award if required along with other services sought for
and rendered.
The primary liability
for the payment for the services of ODRGLOBAL.IN is on the party
invoking the services. Other parties may also request additional
services for which they agree to pay the service charges as prescribed.
The parties agree to
make the payment as per the invoices raised in this regard by
ODRGLOBAL.IN including invoice for provisional advance or deposit and
the final bill after adjustment of earlier advance paid.
ODRGLOBAL.IN retains the
right to recover its dues by exercising its right of set off or lien as
may be available or other measures under applicable laws as it may deem
fit.
15.
Validity
This agreement shall be
deemed to have been sent as an offer by the user and upon expression of
acceptance by ODRGLOBAL.IN, considered valid from the time of its
acceptance and shall be valid until the obligations persist.
16.
Modification
Any modifications to
this General Terms may be incorporated in the SLA which will be
considered as a supplementary agreement superseding this agreement.
17.
Disputes
Any disputes arising out
of this agreement shall be resolved by Negotiation, failing which by
Mediation/Conciliation or Arbitration under ODRGLOBAL.IN subject to
other provisions of Arbitration and Conciliation Act 1996 of India and
deemed to have taken place at Bengaluru, State of Karnataka, India.
The notices in respect
of any dispute arising here in shall be issued to the attention of the
Grievance Officer at
info@odrglobal.in
through a digitally signed e-mail.
18.
Interpretation
This agreement is deemed
to be an agreement under Indian Contract Act 1872 read along with
Information Technology Act 2000 and any matter requiring interpretation
shall be done with reference thereof.
ODR GLOBAL
